Ken Paxton sues Austin over gun ban

The city of Austin bans people from carrying open or concealed handguns into City Hall, shown here on Nov. 23, 2015.

The city of Austin bans people from carrying open or concealed...

AUSTIN - Texas Attorney General Ken Paxton on Thursday sued the city of Austin over its decision to continue to ban guns from city hall, arguing that the blanket prohibition violates state law.

The lawsuit - which was filed in a Travis County state district court and named Mayor Steve Adler and the 10-member city council - asks a judge to force city leaders to change the policy. It also asks for civil penalties of $1,500 each day the city does not comply.

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According to the suit, Paxton's office received a public complaint in April about "no guns" signage etched in glass at Austin City Hall, as well as verbal warnings that handguns were not allowed on the premises. The suit says Paxton's office sent a letter to the city about two similar complaints, to which the city lawyers responded that city hall was exempt from the state's open carry law. After sending the city a violation notice giving it 15 days to comply, Austin leaders still have not changed the policy, according to the lawsuit.

A city spokesperson said Austin's position "has remained consistent" and that city attorneys are prepared to defend the gun ban.

"It is a criminal offense under Texas law to possess or carry a handgun on the premises of a government court or offices used by the court," a city statement said. "Because the City of Austin Municipal Court conducts court proceedings in the Austin City Hall building and maintains office space for court personnel, we believe state law prohibits possessing or carrying a weapon in City Hall (except by law enforcement personnel). We are prepared to defend this lawsuit and look forward to having this matter resolved by a court."

Venues where government courts meet are exempted from the state's open carry law.

Rejecting the argument

Since January, Texas law has allowed anyone with a state-issued license to openly carry a handgun in a shoulder or hip holster. Legislators put few restrictions on the law - notably that a carrier has to be at least 21, pass classroom and shooting tests, and have a clean criminal record. The law exempted certain public buildings, such as schools, courtrooms and parts of airports.

Paxton's office rejected the city's argument, saying the court exemption could not be applied building-wide and that it was "unable to determine which government court or office (used by a court), if any, is located within the city hall building."

The lawsuit marks the first time the attorney general has used a new provision in state law that allows him to sue localities over their gun policies, a move applauded by CJ Grisham, president and founder of Open Carry Texas.

"We've always had the authority to sue, but it was always up to the people to sue. We had to waste our money to force the government to do the right thing," Grisham said. "When you start adding fines, when (Austin's) pocket book gets affected, they'll wake up. Now, we've got some teeth in the law to force them to comply."

Backing down

A similar case arose earlier this year when Paxton warned Dallas County about its "no guns" sign in a building in which truancy and justice of the peace courts meet. The Dallas County Commissioners Court voted in April to comply with Paxton's opinion and remove the gun prohibition signage from the building.